{"operation":"document","citation":"18-0027","title":"Veolia North America — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-02-27","effective_on":null,"summary":"18-0027 response to Veolia North America concerning 171.8, 173.25, 173.403, 173.410, 173.421, 173.422, 173.425.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0027.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0027.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0027","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/70576/180027.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardou,\nMaterial• Safety\nAdmlnletratlon\nFEB . 2 71019\n1200 New Jersey Aven1,1e, SE\nWashington, DC 20590\nMs. Jennifer Eberle\nManager, Transportation Compliance\nIndustrial Business\nVeolia North America\n1 Eden Lane\nFlanders, NJ 07836\nReference No. 18-0027\nDear Ms. Eberle:\nThis letter is in response to your February 22, 2018, letter and your and Ms. Liza Krass'\nMarch 28, 2018, telephone conversations with a member of my staff requesting clarification of\nthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-J 80) applicable to excepted\npackages for limited quantities of Class 7 (radioactive) materials transported by motor vehicle\nfor disposal. ·\nIn these communications, you described a packaging configuration consisting of\nnon-specification, non-bulk fiberboard boxes containing excepted quantities of Class 7\n(radioactive) materials. Specifically, the boxes contain a sealed polyethylene bag containing\nfrozen animal carcasses contaminated with low levels of Tritium (T(H-3)) and Carbon 14 (C-14),\nwhich is placed in the box along with absorbent materials and mixed dry waste, including lab\ndebris, glass, and plastic, that is contaminated with biological or radioactive material. You\nconfirmed that the boxes' contents do not meet the definition of a \"hazardous substance\" nor a\n\"hazardous waste\" in § 171. 8 of the HMR. You also confirmed that the boxes and their contents\ncomply with all applicable provisions in§§ 173.410, 173.421, and 173.422, including the general\npackaging requirements in Subparts A and B of 49 CFR Part 173.\nYou further stated that each box is marked with the appropriate UN numbers and the word\n\"RADIOACTIVE.\" These boxes are shrink-wrapped to a pallet. Because the shrink wrap\nobscures the \"RADIOACTIVE\" marking on the box, the outside of the shrink wrap is also\nmarked with the word \"RADIOACTIVE.\" The pallets are transported by motor vehicle for\ndisposal.\nQ 1 : You ask whether the packaging configuration you described meets the packaging\nrequirements of 49 CFR §§ 173.421 and 173.410.\n\n<<<PAGE 2>>>\n\nAl: Provided each box that has been prepared for shipment is surveyed for radiation levels at\nthe surface of each package on all six sides and does not exceed 0.005mSv/h, the activity\nof the box does not exceed the limited quantity package limits specified in Table 4 in\n§ 173.425, and the identification number (e.g., UN2910) marking for the materials is in\nletters and numbers at least 12 mm in height, based on the information you provided it is\nthe opinion of this Office that the boxes comply with§§ 173.410 and 173.421.\nQ2: You ask whether the completed pallet secured with shrink-wrap can be indicated as a\nsingle container mi the shipping paper.\nA2: The answer is no.\nThe closed box meets the definition of a \"package\" for Class 7 materials ( see § 173 .403 ).\nSection 173 .403 describes a Class 7 packaging as \"the assembly of components necessary\nto ensure compliance . with the packaging requirements of' 49 CFR Part 173, Subpart I\n(Class 7-Radioactive Materials); and a package as \"the packaging together with its\nradioactive contents\" that meets the HMR requirements for transport. The enclosure you\nuse (i.e., the shrink wrap and pallet) to consolidate the packages meets the definition of\nan \"overpack\" when used by a single consignor to provide protection or convenience in\nhandling of a package or to consolidate two or more packages (see§ 171.8).\nHowever, the HMR do not require the packages (in this instance, the individual boxes) to\nbe described on a shipping paper (see§ 173.421, introductory paragraph).\nAdditionally, because you stated the shrink wrap obscures the markings on the box, we\nwant to clarify that in accordance with§ 173.25(a)(2), if any of the required marks and\nlabels are not visible on the packages through the shrink-wrap, they must be repeated on\nthe outer surface of the overpack.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nG)veOLIA\nFebruary 22, 2018\nStandards and Rulemaking Division\nPipeline and Hazardous Materials Safety Administration\nAttn: PHH-10\nUS Department of Transportation\nEast Building\n1200 New Jersey Avenue SE.\nWashington DC 20590-0001\nRequest for Interpretation Regarding the Use of a Shrink Wrapped Pallet as an Outer\nPackage for the Transportation of Limited Quantities of Class 7 Radioactive Materials\n(Excepted Package)\nTo Whom It May Concern:\nPlease accept this letter as a request for a formal written interpretation from your office. Veolia\ncurrently prepares excepted packages oflimited quantities of Class 7 radioactive materials for\ntransportation to the processing disposal facility. The packagings are prepared in accordance with\nthe requirements of 49 CFR §173.421 Excepted packages for limited quantities of Class 7\n(radioactive) materials. An example of the packaging configuration used for these shipments\nincludes frozen animal carcasses which are contaminated with low levels of tritium and carbon 14,\nplaced into a sealed bag, the bag is then placed into a non-UN specification non-bulk carton fiber\npackage containing absorbent materials and possibly mixed dry waste including PPE, lab debris,\nglass, plastic, etc. The closed non-UN specification non-bulk carton fiber packagings are then\nloaded onto a pallet and secured with shrink-wrap. Veolia believes that this entire packaging\nconfiguration meets the general design requirements of 49 CFR §173.410.\n1) Does PHMSA agree that the complete packaging configuration as described meets the\npackaging requirements of 49 CFR 173.421 and 173.410?\n2) If so, does PHMSA agree that it is correct for Veolia to indicate each completed pallet\nsecured with shrink-wrap as a single container on the shipping paper (e.g. 1 pallet)?\nYour written response to this request is greatly appreciated. If you require any further information\nregarding this request please feel free to contact me at jennifer.eberle@veolia.com / 973-691- 7331.\nThank you,\n~~\nJennifer Eberle\nManager, Transportation Compliance\nIndustrial Business\nVEOLIA NORTH AMERICA\nVeolia North America\n1 Eden Lane\nFlanders. NJ 07836\ntel 973-691-7331 fax 973-691-3978\nwww.veolianorthamerica.com","truncated":false,"body_characters":6348}